Terms and Conditions of Use for Customers of Burwood Eats App

  1. Interpretation
    1. Definitions

Burwood Chinatown App means the mobile application licensed to you by Burwood Chinatown that enables you to access receive Requests.

Customer means any user of the Burwood Chinatown App who places an Order.

Delivery Partner means the individual who enters into this agreement with Burwood Chinatown.

Delivery Partner Services mean delivery services provided by the Delivery Partner to a Customer.

Law means any law (including subordinate or delegated legislation or statutory Instruments of any kind) and also any judgment, order, policy, guideline, official directive or request (even if it does not have the force of law) of any government agency or regulatory body, including a stock exchange, applicable to any of the parties.

Liability means any claims, damages, losses, fines, superannuation contributions, taxes, or expenses.

Merchant means any tenant of Burwood Chinatown who offers Merchant Services for Delivery through the Burwood Chinatown App.

Orders means Orders for Merchant Services.

Orders for Merchant Services means any request for Merchant Services placed by a Customer.

Price of Delivery means the fee payable by a Customer for the provision of Delivery Partner Services in accordance with Clause 6(a)-(d).

Service Fee means the fee payable to Burwood Chinatown as a percentage of the Price of Delivery in accordance with Clause 6(e)-(f).

  1. The Nature of the Agreement
    1. Upon acceptance of these terms and conditions, the Delivery Partner enters into a binding agreement with Burwood Chinatown (the Agreement).
    2. This Agreement commences on the date of acceptance of the terms by the Delivery Partner and will continue, unless terminated earlier in accordance with section 12.
  1. The Nature of the Parties
    1. The Delivery Partner agrees that this is not an employment, partnership or joint venture agreement and does not create an employer, partnership or joint venture relationship between the Delivery Partner and Burwood Chinatown.
    2. Upon satisfaction of the requirements of the Delivery Partner outlined in Section 4, Burwood Chinatown grants the Delivery Partner a non-exclusive, royalty free, non-transferable, non-sublicensable, non-assignable license to use the Burwood Chinatown App.
    3. The Delivery Partner is wholly responsible for the provision of Delivery Partner Services and Burwood Chinatown retains no right over control of those Services.
    4. The Delivery Partner retains the right to use other Delivery Applications or Delivery Platforms, in addition to the Burwood Chinatown App.
  1. Delivery Partner’s Obligations
    1. The Delivery Partner will be provided with Orders for Delivery through the Burwood Chinatown App, but Burwood Chinatown is under no obligation to provide Orders for delivery.
    2. It is the Delivery Partner’s responsibility to fulfill all Orders, received via the Burwood China App, in a timely and safe manner.
    3. The acts of the Delivery Partner, pursuant to this Agreement, are to be undertaken with reasonable skill and care.
    4. The Delivery Partner must not use the Burwood Chinatown App, and any information it may store, for any purpose other than delivery of Orders as required by the Burwood Chinatown App.
    5. The Delivery Partner is responsible for the cost of any items or equipment necessary to ensure the Orders for delivery are met.
    6. The Delivery Partner is responsible for providing a mobile device and/or tablet upon which the Burwood Chinatown App can operate, including relevant internet capability.
  1. Requirements for Accessing the App
    1. The Delivery Partner must abide by all relevant Laws and Regulations necessary to continue as a Delivery Partner with Burwood Chinatown.
      1. This includes, but is not limited to:
        1. All work entitlements and approvals to work and to drive in New South Wales;
        2. Satisfy any background check conducted by Burwood Chinatown;
        3. Satisfy any driving record requirements imposed by Burwood Chinatown;
        4. Satisfy any insurance requirements as specified by Clause 6.
      2. The mode of transport used by the Delivery Partner must at all times:
        1. Be a registered vehicle by which you have lawful possession, and
        2. Be kept in a suitably clean and hygienic state for food transportation;
  1. Fees and Payment
    1. The Delivery Partner is responsible for setting the Price of Delivery for each satisfied Order on the Burwood Chinatown App.
    2. The Price of Delivery is to be the only payment you receive from Burwood Chinatown.
    3. The Price of Delivery must exceed the Minimum Price of Delivery.
    4. The Minimum Price of Delivery is to be AUD$5.00.
    5. In exchange for services provided by Burwood Chinatown, the Delivery Partner agrees to pay Burwood Chinatown a Service Fee.
    6. The Service Fee will be calculated as a percentage of the Price of Delivery paid by Customers through the Burwood Chinatown App.
    7. Burwood Chinatown is responsible for determining the percentage referred to in Clause 6(f).
    8. Burwood Chinatown, through the Burwood Chinatown App, is responsible for collection of all monies tendered in relation to the delivery of Orders by the Delivery Partner.
    9. Burwood Chinatown will make payment in entirety, on a weekly basis to the Delivery Partner, consisting of:
      1. Price of Delivery for each transaction in the preceding week;
      2. Any Tips paid by Customers.
    10. Tips are to be a separate payment to the Price of Delivery. Burwood Chinatown will collect these tips through the Burwood Chinatown App and pay them to the Delivery Partner on a weekly basis in accordance with Section 6(i).
    11. In the event that payment processing errors result in incorrect payment amounts, Burwood Chinatown retains the discretion to deduct or add to future payments or seek reimbursement through lawful means.
    12. At the request of the Delivery Partner, Burwood Chinatown must provide a statement summary of all weekly transactions conducted by the Delivery Partner through the Burwood Chinatown App.
    13. If the Delivery Partner requires such a Statement, they must notify Burwood Chinatown of that request with seven (7) business days of the weekly period in question.
    14. Burwood Chinatown shall have three (3) business days to respond to any such notification under Section 6(m).
  1. Insurance
    1. It is the Delivery Partner’s responsibility, to have and maintain:
      1. Motor vehicle insurance, for any and all vehicles which are used for the delivery of Orders, to the minimum standard required by Law;
      2. Worker’s compensation insurance, as required by Law. Where permitted by Law, you may choose to maintain occupational accident insurance in place of worker’s compensation insurance.
    2. You must provide Burwood Chinatown with evidence of your insurance upon Burwood Chinatown’s request.
  1. General Provisions
    1. The content of this agreement is the entirety of the agreement between the Delivery Partner and Burwood Chinatown.
    2. The Delivery Partner agrees that it has the ability to fulfill Orders for delivery through the Burwood Chinatown App.
    3. Burwood Chinatown agrees that it will provide access by the Delivery Partner to the Burwood Chinatown App.
    4. Burwood Chinatown makes no representations or warranties, and the Delivery Partner does not rely on any such representations and warranties, as to the effectiveness of the Burwood Chinatown App.
    5. Burwood Chinatown is not liable for any damages sustained as a result of any act or omission which has led to the Delivery Partner or a third party’s loss in the provision of the Burwood Chinatown App.
    6. Should the Delivery Partner wish to stop using the Burwood Chinatown App, they must provide Burwood Chinatown with 1 days’ written notice for that termination to be effective.
    7. Burwood Chinatown may terminate this Agreement and the Delivery Partner’s use of the Burwood Chinatown App with immediate effect with written
    8. Notices under this Agreement to Burwood Chinatown should be sent to 127-133 Burwood Road, Burwood, New South Wales, 2134.
    9. Notices under this Agreement to be sent to the Delivery Partner should be sent via the email address nominated by the Delivery Partner upon accepting this Agreement.